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17 JAN

Au Pairs Set to Recover $65.5M in Unpaid Wages

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Almost 100,000 au pairs nationwide may soon be awarded with potentially the largest settlement ever for minimum wage workers. More than 15 companies employing these child care professionals agreed to tentatively pay $65.5 million in owed wages. The lawsuit, which was filed back in 2014, proposed the settlement last Wednesday in Denver federal court just before going to trial. The settlement agreement is currently pending the courts approval.

The au pairs from countries such as Australia, Colombia, Germany, ...

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2 JAN

Minimum Wage Increases for NY Once More

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As of December 31, 2018, the hourly minimum wage for New Yorkers has increased yet again. New York City employers with 11 employees or more must pay their hourly workers $15.00 per hour and the appropriate overtime rate at time and a half when working over 40 hours per week. For hard working employees, the wage boost is much needed especially in a city where the cost of living is so high. Governor Andrew Cuomo proudly commented ...

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7 DEC

Arbitration Agreements May be Nullified if Lacking Info on Process & Rights

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When signing an arbitration agreement with your employer, you are promising to pursue any legal claims against them such as wrongful termination, discrimination, and breach of contracts, through arbitration as opposed to a lawsuit. In an arbitration, your claims are presented to, and decided by an arbitrator as opposed to a jury. Forgoing a jury of your peers is often viewed as a disadvantage for the plaintiff since juries tend to be more sympathetic towards employees. Recently, the Appellate Court ...

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8 NOV

The Wine Group to Pay $6.8M to Employees for Unpaid OT

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The Wine Group, one of the world’s largest winemakers producing about 53 million cases of wine annually, recently settled a wage and hour case for $6.8 million. A former employee, Eliazar Gonzalez, sued the wine company for unpaid wages and this past week a California Judge approved the settlement. The Wine Group currently has almost 1,000 employees, however the employees eligible for this class-action settlement include current and former hourly, non-exempt employees that worked with Wine Group ...

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7 NOV

Berry Bros Contractors Sued for Unpaid Overtime

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Berry Bros General Contractors, one of the largest construction service providers in the United States, has just been sued over failing to pay its employees the proper wages. There are a significant number of potentially affected employees throughout the nation working on projects for Berry Bros in Pennsylvania, West Virginia, North Carolina, South Carolina, Mississippi, Louisiana, Texas, Oklahoma, New Mexico, Kansas, Colorado, Wyoming, Montana, and North Dakota. Affected job titles include mechanics, electricians, welders and other laborers with similar ...

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2 NOV

Misclassified Drivers to Receive $4.75M in Unpaid OT

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Delivery drivers for TFI International that were allegedly misclassified as independent contractors have arrived at a $4.75 million settlement to resolve claims of unpaid wages pending court approval. TFI, formerly known as Dynamex or Velocity Express, is a Canadian based transport and logistics company that services the United States, Mexico and Canada. Delivery Drivers for the company claimed in a lawsuit filed back in 2012 that they were improperly classified by TFI as independent contractors instead of ...

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15 OCT

Fitapelli & Schaffer Featured in Super Lawyers 8 Years Running

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Through their dedication and commitment to their hard-working clients, Fitapelli & Schaffer, LLP has helped recover over 100 million dollars and has once again been featured in Super Lawyers. The firm specializes exclusively on employee rights and has consistently achieved significant results when dealing with unpaid wages, overtime, commissions and tips, as well as wrongful termination due to discrimination and whistleblower claims. Learn more about the firm’s success by clicking below.

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2 OCT

Hurricane Recovery Workers Awarded $14.3 Million in Unpaid Wages

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In this past year alone after hurricane Irma and Maria wreaked havoc in Puerto Rico and the U.S. Virgin Islands. To date $14,337,657 has been recovered in unpaid wages for recovery workers by the Wage and Hour Division (WHD) of the Department of Labor (DOL). Almost 8,000 recovery workers have benefitted from this recovery process. Nevertheless, many thousands more may still be owed significant overtime pay.

The WHD’s efforts focused on educating employers and employees about compliance with ...

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26 SEP

Hurricane Disaster Relief Workers May be Owed Significant Overtime

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Now that Hurricane Florence is over, many companies are hiring disaster relief workers and emergency service workers to help with the clean up and recovery process after the devastation. As is common with most hurricanes, a couple of weeks after they are over, the hard work begins. Billions of dollars’ worth of remediation and restoration take place and these hired relief workers have a wide array of job duties that range from filing and processing insurance claims to digging ditches ...

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25 SEP

Tipped Workers Win “20% Rule” at 9th Circuit

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There has been an important development for tipped workers at the 9th Circuit Court of Appeals. Tipped workers are currently allowed to be paid the reduced minimum wage rate under the tip-credit provisions of the Fair Labor Standards Act (FLSA). The tip-credit provisions of the FLSA permit an employer, under certain circumstances, to pay tipped employees less than the full minimum hourly wage and take a “tip credit” against its minimum wage obligations. However, an employer is not permitted to ...

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